NACO Associate and Sustaining Members enable NACO to enhance its continuing education programs for county officials across the state. Visit NACO's complete associate and sustaining membership list here.

Education Foundation Memorial Program

A gift to NACO's Education Foundation ensures that the children of county officials and county employees are eligible to apply for scholarships to continue their education at Nebraska's higher learning institutions. Whatever their passion - history, art, music, science, education, sports - the NACO Education Foundation will provide them an opportunity to fund their education beyond the K-12 level. Memorial gifts to NACO's Education Foundation are tax deductible and will be a lasting legacy in honor of your loved one's commitment to educating the children of Nebraska's county officials and employees. For more information about how to make a memorial gift, please contact Larry Dix / 402-434-5660 ext. 226.

NACO has received numerous inquiries regarding the date that county officials will be able to contact the contracted hotels to acquire lodging reservations for the 2012 Annual Conference to be held in Kearney at the Younes Event Center.

In a future issue of E-Line, NACO will publish a list of hotels contracted with for the 2012 Annual Conference along with the reservations phone numbers. County officials may begin contacting these hotels on August 30, 2012 at 10:00 a.m. Central Daylight Time. Reservations must be made by using the published phone numbers to receive the contracted rate for the conference. No reservations (on-line or other) will be accepted at the contracted rate prior to August 30th. On August 30 or after, those officials making reservations for the conference must use the phone numbers published by NACO to received the contracted rate. The contracted rate will not be available with on-line reservations.

Affiliate Groups' Agendas

NACO has sent planning material to each affiliate group president to enable them to begin planning their individual agendas for the annual conference. County officials who have ideas or suggestions for their group's agenda are encouraged to contact their affiliate group president as soon as possible.

2015 & 2016 Annual Conferences

At a June 22, 2012 meeting of the NACO Board of Directors, a motion was made, seconded and passed that the 2015 & 2016 NACO Annual Conferences be held in Kearney at the Younes Conference Center. This decision was made after proposals were received from four different conference facitlities across the state. The NACO Conference Committee, appointed by NACO President, LeRoy Janssen, reviewed the submitted proposals and made a report and recommendation to the NACO Board of Directors, after which, the NACO Board of Directors voted to award contracts for the 2015 and 2016 conferences to the Younes Conference Center. The 2013 and 2014 conferences will be held in downtown Omaha at the CenturyLink Event Center.

Legal Line

Editor's Note: Legal Line is a feature that will periodically appear in NACO E-Line. This edition has been prepared by Elaine Menzel, a member of NACO legal staff. Legal Line is not intended to serve as legal advice. Rather, it is published to alert readers to court decisions and legal or advisory matters important to county government. For a specific opinion on how the information conatined in this article or that which will be discussed in future issues relates to your county, consult your county attorney or personal counsel.

U.S. Supreme Court Rules on Health Case

At the end of June, noteworthy court cases were decided by the U.S. Supreme Court, including one related to health care and another pertaining to immigration law.

On the last day of the October 2011 term, the Court issued National Federation of Independent Business v. Sebelius, 567 U.S. ___ (2012). In its nearly 200 page decision, the court weighed various arguments related to the constitutionality of the Patient Protection and Affordable Care Act enacted in 2010 by Congress. The full text of the opinion can be viewed here.

A related document entitled County Jails and the Affordable Health Care Act: Enrolling Eligible Individuals in Health Coverage (March 2012) and of potential interest is available from the National Association of Counties here.

Another source of information, including a chart of the U.S. Supreme Court's decision and a history of the case, is available from the National Conference of State Legislatures' summary on the U.S. Supreme Court and the Federal Health Law. To view this information, click here.

Decision by the U.S. Supreme Court on Arizona's Immigration StatuteThe Court addressed four requirements of an Arizona statute enacted to address issues related to unlawful aliens. Of four requirements of the law considered the only provision that was upheld by the Court was the section that allows law enforcement to detain. See Arizona v. United States, 567 U.S. ___ (2012). The Court's basis for finding various sections of the Arizona law unconstitutional related to preemption principles because the question before the Court was whether federal law preempts and rendered invalid provisions of the state law. The Supreme Court granted review of the issues to resolve questions associated with the interaction of state law and federal power with regard to the law of immigration and alien status.

A key concept stated by the Court is "Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect." (Citations omitted). Further, two circumstances when state law must give way to federal law were identified: (1) States are precluded from regulating conduct in a field that Congress, acting within its proper authority, has determined must be regulated by its exclusive governance; and (2) state laws are preempted when they conflict with federal law.

Similar preemption theories have been expressed by the Nebraska Supreme Court in regards to State law preempting municipal (local) ordinances. The court in State ex rel. City of Alma v. Furnas County Farms, 266 Neb 558, 667 N.W.2d 512 (2003) identifies three circumstances in which a municipal ordinance pay be preempted by state law. Those circumstances are: (1) the Legislature expressly declares in explicit statutory language its intent to preempt municipal ordinances, (2) in the absence of explicit statutory language, the Legislature's intent to preempt municipal ordinances may be inferred from a comprehensive scheme of legislation, and (3) a municipal ordinance is preempted to the extent that it actually conflicts with state law.

In the Arizona vs. U.S., 567 U.S. ___ (2012) opinion, the Court outlines federal law relevant to immigration and alien status and it recognizes that the law is extensive and complex. Provisions that were held by the Court to be preempted by federal law related to alien registration, unauthorized employment, and provisions for state and local law enforcement to detain aliens. While indicating that the unilateral station action to detain authorized by the state statute goes beyond powers of cooperation envisioned by federal law, the Court acknowledged that there are examples of when state and local officers can cooperate with the Federal Government. For example, state officials can assist by responding to requests for information about when an alien will be released from their custody. See also the Department of Homeland Securities' webpage on local resources by clicking here.

The subsection of state law that was upheld by the Court "instructs officers to make a 'reasonable' attempt to verify his immigration status with ICE if there is reasonable suspicion that his presence in the United States is unlawful." The Court stated that it was improper to enjoin one subsection of the law prior to the state courts having an opportunity to interpret it and without there being some showing that enforcement of the provision conflicts with federal immigration law and its objective. The Court indicated that concerns raised by the challenge to such subsection could be avoided. Examples of situations that may do so were articulated by the Court. One of the factors mentioned by the Court was that the challenge was being raised prior to the Act even before the law has gone into effect. However, the Court did not foreclose future preemption and constitutional challenges following court interpretation and application of the law.

The U.S. Immigration and Customs Enforcement's (ICE) Law Enforcement Support Center provides assistance on various immigrations matters. See http://www.ice.gov for additional information.

Based on various media accounts, both health care and immigration are going to continue to be topics of significant consideration during the upcoming elections and legislative sessions.

Register Now for Assessors Workshop & Continuing Education

The Nebraska Assessors Association Board of Directors met in Kearney on May 17 to plan the annual Assessors Workshop. In addition to the 2-day workshop, a 1-day continuing education seminar entitled "Land Valuation" will follow the workshop. The workshop will be held in Kearney at the Holiday Inn Hotel and Convention Center. The Workshop will begin at 1:00 p.m. (CST) on Monday, August 27 and will conclude at 12:00 p.m. (CST.) on Wednesday, August 29 with a lunch following. The 1-day Land Valuation seminar will follow at 1:00 p.m. (CST.) on Wednesday, August 29 and conclude at 12:00 p.m. (CST) on Thursday, August 30. A tentative agenda for the workshop and seminar can be found by clicking here.

Advance registration can now be made on-line at NACO's website for the workshop and the 1-day seminar. The fee for attending the workshop will be $85.00 for registrations received on or before August 1. The fee for attending the Land Valuation class will be $40.00 for registrations received on or before August 1. After August 1, a late registration fee of $25.00 will be added. Cancellations must be made in writing on or before August 17 to receive a full refund. A cancellation fee of $25.00 will be assessed for any cancellations received after August 17. Registration for the workshop and/or seminar will be posted on NACO's website on Monday, June 4. Click here to visit NACO's website.

Guest rooms may be reserved by contacting the Holiday Inn Hotel and Convention Center at (308) 237-5971. Room rates are $72.95 single/double. When making reservations, inform hotel staff that you are attending the Assessors Workshop to receive the contracted rate.

Assessors are reminded that the 2013 annual dues for the County Assessors Association of Nebraska are $50.00 and should be mailed to the association treasurer, Janet Shaul, Garden County Assessor. Registration fees for the the workshop and Land Valuation class should be mailed directly to NACO.

Updated County Government Day PowerPoint CD Available

An updated PowerPoint presentation is available on CD for use by counties during their annual County Government Day. The PowerPoint provides a comprehensive look at county government functions in the State of Nebraska. The CD is customizable and is available for $10 to cover processing, shipping and handling. The order form is available here.

2012 Directory of County Officials

The order form for the NACO 2012 Directory of County Officials is available here or on the NACO website. Each directory is $17 if tax-exempt or $18 if taxable.

News from NACo

NACo Legislative Victory on Transportation Bill

House and Senate gives final approval to the federal surface transportation reauthorization bill. The bill provides a slight funding increase for the federal highway and transit programs.

Allegheny County, Pa.'s Board of Elections is challenging the state's new voter identification requirement - one of several elections-related laws across the nation that are coming under fire and scrutiny from elected officials.

Many counties are finding that, in this era of closer government scrutiny, county residents are expressing greater concern about the activities of their county officials. Even though certain activities are completely legal, they can often be perceived as improprieties by casual observers. If the county has no written ethics code or ordinance, it can be very difficult to demonstrate that specific conduct is within ethical boundaries.

Join Paul Clement, who argued the Affordable Care Act case on behalf of the states before the Supreme Court, and Patricia Millett, who argued three cases before the Court this term impacting state or local government, in a discussion about the practical implications of the most important cases affecting state and local government from the Supreme Court's 2011 term. The State and Local Legal Center (SLLC) is organizing this webinar for all Big Seven members, and Lisa Soronen, Executive Director of the SLLC, also will participate in the conversation.